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Terms of Use

Updated as of March 1, 2023

These Terms of Use (“Terms”) govern your (“you” or “your”) access and use of the This Old House websites (“Sites”), applications, email properties and newsletters, magazines, and other products and services (collectively, the “Services”) which are owned and operated by TOH Intermediate Holdings LLC and its subsidiaries (collectively, “TOH”, “we”, or “us”). By accessing the Services, as well as the content, products, and services available on or through the Services, you are accepting these Terms and entering a binding contract with us. If you do not agree with these Terms, you do not have the right to access or use the Services.

Each time you access the Services, you signify that you have read and understand, and agree to be bound by these Terms as they exist at the time you access the Services. You represent and warrant you are an individual of legal age to form a binding contract (or if not, your parent or guardian has read these Terms and they agree to them and your use of the Services).

PLEASE READ THESE TERMS CAREFULLY BEFORE USING ANY TOH PRODUCTS OR SERVICES, AS THESE TERMS AFFECT YOUR LEGAL RIGHTS.

IMPORTANT NOTICE – ARBITRATION AGREEMENT AND CLASS ACTION WAIVER: BY USING THE SERVICES AND AGREEING TO THESE TERMS, EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE DISPUTE RESOLUTION SECTION BELOW, YOU AGREE THAT DISPUTES UNDER THESE TERMS WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. YOUR AGREEMENT TO ARBITRATION MEANS YOU ARE GIVING UP THE RIGHT TO GO TO COURT AND THE RIGHT TO A TRIAL BY JURY, AND INSTEAD, DISPUTES WILL BE DECIDED BY A NEUTRAL ARBITRATOR.

  1. Use of the Services

You shall only use the Services in accordance with these Terms and Applicable Laws (defined below). You will need to register to access and use certain features of the Services, including our “Insider” subscription program (“Insider”) and magazine products. To the extent you provide any information in connection with your Insider or other account on the Services (“Account”), you agree to: (a) provide true, accurate, current, and complete information; and (b) maintain and update such information to keep it true, accurate, current, and complete. If any information you provide is or becomes inaccurate or incomplete, we have the right to suspend or terminate your access to the Services. You are responsible for obtaining and maintaining all equipment and services needed for access to and use of the Services at your own cost.

We do not make any claims that the Services or any content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws and regulations.

The Services are not intended for users under 13 years of age. If you are under 13, do not use the Services and do not provide us with any personal information (as defined by Applicable Laws).

  1. Content Disclaimer

All content made available on or through the Services is intended for general information, general discussion, education, and entertainment purposes only and are provided “as is”. TOH does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the Services. You acknowledge and agree that any reliance upon any such opinion, advice, statement, or information shall be at your sole risk. You agree that TOH, its parents, affiliates, and subsidiaries shall not be held responsible or liable, directly or indirectly, for any loss or damage caused or allegedly caused in any way whatsoever related to any advice, opinions, statements or other information published, displayed, or distributed through the Sites or the Services. The information, advice, statements, and opinions provided are not a substitute for professional advice.

  1. Modifications to the Services

We may change, suspend, or discontinue, temporarily or permanently, any aspect of the Services at any time in our sole discretion, including the availability of any Service feature, database, or content. We may also impose limits on certain features and functionality or restrict your access to parts or all of the Services without notice or liability.

  1. Modification to these Terms

We may change these Terms at any time by notifying you of the change in writing (including by email or by updating the “Updated” date above). The changes will be effective immediately upon posting the changes. If any of the Terms or any future changes are unacceptable to you, you must not use the Services. Your continued use of the Services shall mean you agree to and accept such Terms or changes. We encourage to review our Terms regularly; it is your responsibility to review these Terms prior to each use of the Services.

  1. Use of Personal Information

For information about how we collect, use, and disclose personal information (as defined by Applicable Laws), please see our Privacy Policy here.

  1. Prohibited Uses of the Services

You shall not, and shall not permit or encourage third parties to, use the Services to:

  • violate any applicable local, state, federal, or international laws or regulations (“Applicable Laws”);
  • circumvent, reverse engineer, decrypt, or alter the Services, or any content thereof, or make any unauthorized use thereof;
  • publish or promote any content or material that is abusive, harassing, tortious, defamatory, vulgar, pornographic, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
  • transmit any unsolicited or unauthorized advertising or promotional material, junk mail, spam, chain letters, or any other similar solicitation;
  • display or distribute any content that infringes any patent, trademark, trade secret, copyright, right of publicity, or other proprietary rights;
  • introduce adware, malware, spyware, viruses, trojan horses, worms, logic bombs, or any other malicious code designed to interfere with our systems;
  • stalk, harass, or harm another individual or attempt to exploit or impersonate any person or entity, or misrepresent your affiliation with a person or entity;
  • harm minors in any way by exposing them to inappropriate content;
  • use any “robot,” “spider,” “rover,” “scraper” or any other data-mining technology or automatic or manual process to scape, monitor, cache, frame, mask, extract data from, copy or distribute any data from the Services, our network or databases;
  • do anything that could disable, damage, or change the functioning or appearance of the Services, including the presentation of advertising or content or use any features of the Services for anything other than their intended purpose; or
  • attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services or Sites, including the server on which the Services are stored, or any server, computer or database connected to the Services.
  1. Intellectual Property

The Services and the content made available through the Services (“Content”), including without limitation all text, software, photographs, graphics, illustrations, artwork, video, music, audio, names, logos, trademarks and service marks, are protected by copyrights, trademarks, patents, trade secrets, database rights and other intellectual property and proprietary rights, are owned by TOH or our affiliates and licensors. Content may only be used for your personal, non-commercial use. You shall not to modify, publish, perform, reproduce, retransmit, distribute, transfer, disseminate, broadcast, sell or create derivative works of any Content or the Services (including software embodied therein), in whole or in part, without the prior written consent of TOH.  TOH grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Sites and any Content on the site solely for non-commercial purposes subject to these Terms. You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Services.

  1. Trademarks and Logos

The terms This Old House, www.thisoldhouse.com, and other This Old House trademarks and service marks, and all related names, logos, product and service names, designs, slogans, and other commercial branding are trademarks (“TOH Marks”) of TOH and its affiliates. You are not authorized to use any TOH Marks without the prior written consent of TOH in each instance. The TOH Marks are the sole property of TOH, and all goodwill associated therewith remains with and will inure to the benefit of TOH and its affiliates and permitted assigns.

  1. Content You Provide

To the extent you upload, post, or submit any content on or to the Services, you represent to us that you have all the necessary legal rights to upload, post, or submit such content and it will not violate any law or the intellectual property, publicity, privacy, or other rights of any person. You shall not upload to or distribute or otherwise publish on to the Services any libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal material. You agree not to provide material and misleading information and with intent to defraud.

You acknowledge any submissions you make to the Services (including but not limited to, comments, messages, reviews, text, video, audio and photographs (each, a “User Submission“) may be edited, removed, modified, published, transmitted, and displayed by TOH and you waive any rights you may have in having the material altered or changed in a manner not agreeable to you. User Submissions may be public and posted in public areas. TOH and affiliates will not be responsible for the action of any visitors or third parties with respect to any information, materials or content posted through the Sites or Services.

You hereby grant TOH and its affiliates, representatives, sublicensees, and assigns an irrevocable, perpetual, non-exclusive, sub-licensable, royalty-free and fully-paid, license throughout the world to use, copy, transmit, excerpt, publish, distribute, display, publicly perform, create derivative works of, host, index, cache, tag, encode, modify and adapt, in any form or media now known or hereinafter developed, any User Submission posted by you on or to the Services or any Sites, including through a third party. You hereby irrevocably waive any claims and assertions of moral rights or attributions with respect to your User Submissions. You acknowledge and agree that you are solely responsible for the content of all your Submissions. Any Submission you post to the Sites or Services will be considered non-confidential.

We are not required to backup, host, display, or distribute any Submissions, and may remove at any time or refuse any Submissions. We are not responsible for any loss, theft or damage of any kind to any User Submissions. You represent and warrant that your User Submissions and our authorized use of such submissions do not and will not infringe the rights of any third party (including, without limitation, intellectual property rights, rights of privacy or publicity, or any other legal or moral rights). You may not represent or imply to others that your User Submissions are in any way provided, sponsored or endorsed by TOH. You, and not we, are responsible for any consequences of sharing private information about yourself on public areas of the Services, such as your home address or the home address of others.

TOH reserves the right to refuse, remove, or edit User Submissions that it deems abusive, defamatory, obscene, in violation of Applicable Laws, in violation of these Terms, or otherwise offensive, unacceptable, or unsuitable in its sole discretion.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information related to anyone posting any materials on or through the Services.

  1. Fees and Payments

We reserve the right at any time to charge fees for access to the Services or to any specific feature or content that we may introduce from time to time, including without limitation the Insider program. You will not be charged for access to any part of the Services unless we obtain your prior agreement to pay such fees. If you do not consent to the payment of such fees, however, you may not have access to some portion of the Services. All new fees and any additional related terms, if any, will be posted prominently on the Site and in other appropriate locations on the Service. You shall pay all fees and charges incurred through your Account at the rates in effect for the billing period in which such fees and charges are incurred, including but not limited to charges for any products or services offered for sale through the Services by us or by any other vendor or service provider. All fees and charges shall be billed to and paid for by you. You shall pay all applicable taxes relating to use of the Services through your Account. Where applicable, any payment obligations you incur under these Terms shall survive any termination of these Terms or your access to the Services.

  1. Registration and Security

If you register for the Insider membership program, you will need to create a username and password. You are responsible for maintaining the confidentiality and security of your Account username and password or other information associated with your Account, and you are solely responsible for all activities that occur under your Account. You agree to immediately change your password and notify us if you suspect or become aware of any unauthorized use of your password or any other breach of security related to the Services. We reserve the right to require you to alter your password if we believe that your password is no longer secure. You agree that TOH will not be liable for any loss or damage arising from your failure to adequately safeguard your password or use of your Account(s).

  1. Third Party Links and Services

The Sites may contain links to third party websites, content, and advertisers. Such links do not signify or imply TOH’s endorsement of any third parties. TOH does not control, endorse, sponsor, recommend or otherwise accept responsibility for any of this third-party material.  You use those links at your own risk and should apply a reasonable level of caution and discretion in doing so. We do not review or monitor any websites, content, advertisements, or other media linked to or available through the Sites and are not responsible for the content of any such third-party advertisements or linked websites. 

Prior to purchasing any third-party products or services described on the Sites, you are advised to verify pricing, product quality and other information necessary to make an informed purchase. Neither TOH nor its affiliates shall have any liability arising from your purchases of third-party products or services based upon the information provided on the Sites, and we shall not receive or review complaints regarding such purchases.

We may also make our Content available on third-party websites, applications, or online services, including without limitation YouTube and other social media platforms. Your access and use of our Content and accounts and channels on these third-party websites, applications, and online services is subject to the third party’s terms of service. We are not responsible for the actions, content, or practices of any third party you use to access the Services. Accordingly, we recommend that you review their terms of service.

  1. Termination and Suspension

You can cancel your Insider Account at any time for any reason by emailing us here with the subject “Close My Account”. You may need to provide certain information in order for us to validate your Account. You may also terminate your Insider Account by adjusting your settings in the “Cancel My Account” section.

We reserve the right to terminate or suspend your access to all or part of the Sites or Services for any or no reason, without notice, including without limitation, if you violate these Terms or Applicable Law, or engage in any conduct we, in our sole discretion, believe is otherwise harmful to our interests or any third party (including other users of the Services). You agree TOH and its affiliates shall not be liable to you or any third party for suspending or terminating your access to the Services (or any portion thereof). You may discontinue your participation in and access to the Services at any time. We reserve the right to investigate your use of the Services if we, in our sole discretion, believe you have violated these Terms. These Terms shall survive any termination of your Account or access to the Services.

  1. Confidential Information

Any  non-public information obtained by you via your Account or disclosed directly to you by us (“Confidential Information”) shall be kept confidential by you, and used only for the purpose of interacting with and transacting on the Services, and shall not be disclosed by you in whole or in part, directly or indirectly to any third party, provided that: (a) you may disclose such information to your employees, representatives and other professional advisors who have a need to know such information and are bound by a duty of confidentiality. Confidential Information excludes information that: (i) was in your lawful possession before it was disclosed, without confidentiality restrictions; (ii) you obtain from a third party on an unrestricted basis other than through breach of these Terms or breach of any other obligation of confidentiality on you or the third party; (iii) is developed by you independently of us and any information received by you from us; or (iv) is disclosed in connection with any legal, governmental or administrative proceeding, provided that prior written notice of such disclosure is furnished to TOH in order to afford TOH a reasonable opportunity to seek a protective order.

  1. Representations and Warranties

You represent, warrant and covenant (a) that you will comply with all Applicable Laws in your use of the Sites and Services execution, delivery and performance of any aspect(s) of these terms will not violate any Applicable Laws, or any other agreement by which you are bound; (b) that no materials of any kind submitted through the Services or your Account will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain or promote libelous, obscene, unlawful material or any other content prohibited under these Terms; (d) that you are at least 13 years old; and (d) if you are under 18 years old, your parent or legal guardian has read these Terms and agreed to them and your use of the Services.

  1. Indemnification and Defense

You agree to indemnify, defend, and hold harmless us, our parents, subsidiaries, affiliates, officers, directors, employees, consultants, subcontractors and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorney fees) such parties may incur as a result of or arising out of your (or anyone using you’re Accounts) (a) breach of these Terms, (b) violation of Applicable Law, (c) infringement of copyright, trademark, or other intellectual property rights, or (d) any gross negligence or willful misconduct. You shall cooperate as fully as reasonably required in the defense of any such claim. TOH reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You will not consent to the entry of any judgment or enter any settlement with respect to any claims arising under or in connection with these Terms of Use without TOH’s prior written consent.

  1. Disclaimer of Warranties

YOU ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICES AND CONTENT IS AT YOUR SOLE RISK. WE PROVIDE THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT. TOH MAKES NO WARRANTY THE SERVICES WILL MEET YOUR REQUIREMENTS OR AS TO THE ACCURACY OF ANY INFORMATION OR MATERIALS PROVIDED VIA THE SERVICES OR THEIR SUITABILITY FOR ANY PARTICULAR PURPOSE, OR THAT THE SERVICES WILL BE ALWAYS AVAILABLE, UNINTERRUPTED, SECURE, WITHOUT VIRUSES OR OTHER HARMFUL COMPONENTS, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, AND INACCURACIES IN THE CONTENT OR OTHER MATERIAL MADE AVAILABLE THROUGH THE SERVICES.

YOU ACKNOWLEDGE AND AGREE THAT ACCESS TO INFORMATION AND MATERIALS YOU SUBMIT THROUGH THE SERVICES IS NOT GUARANTEED, AND THAT WE SHALL NOT BE RESPONSIBLE TO YOU FOR ANY LOSS OF INFORMATION OR MATERIALS CAUSED BY THE SERVICES. YOU AGREE THAT ANY MATERIAL AND/OR INFORMATION OBTAINED THROUGH USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING THEREFROM. NO ADVICE, OPINION, STATEMENT, OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TOH OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

TOH AND ITS AFFILIATES WILL NOT BE RESPONSIBLE IN ANY WAY FOR ANY LOSS OR DAMAGE THAT YOU INCUR IN THE EVENT OF: (I) ANY FAILURE OR INTERRUPTION OF THE SERVICES; (II) ANY ACT OR OMISSION OF ANY THIRD PARTY INVOLVED IN MAKING THE SERVICES OR THE DATA CONTAINED HEREIN AVAILABLE TO YOU; (III) ANY OTHER CAUSE RELATING TO YOUR ACCESS OR USE, OR INABILITY TO ACCESS OR USE, ANY PORTION OF TTHE SERVICES OR MATERIALS ON THE SERVICES; (IV) YOUR INTERACTION OR USER SUBMISSIONS ON THE SERVICES; OR (V) FROM YOUR FAILURE TO COMPLY WITH THIS AGREEMENT.

THE SERVICES MAY INTEGRATE WITH OR LINK TO WEBSITES, APPLICATIONS, CONTENT, TOOLS, OR SERVICES PROVIDED BY THIRD PARTIES. YOU AGREE THAT YOUR USE OF SUCH THIRD-PARTY SITE, CONTENT, AND TOOLS, IS AT YOUR OWN RISK, IS SUBJECT TO THE THIRD PARTY’S TERMS, AND YOU AGREE TO COMPLY WITH SUCH THIRD-PARTY TERMS. TOH WILL NOT BE RESPONSIBLE OR LIABLE FOR THE CONTENT, ACTIVITIES, OR PRACTICES OF ANY THIRD-PARTY WEBSITES, APPLICATIONS, CONTENT, TOOLS, OR SERVICES.

  1. Limitations of Liability

IN NO EVENT WILL TOH OR ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, SUPPLIERS, ADVERTISERS, OR CONTENT PROVIDERS (“TOH PARTIES”), BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY THIRD PARTY UNDER THESE TERMS FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR ANY OTHER LOSS OR DAMAGES, OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF REVENUES, OR LOSS OF GOODWILL,  EVEN IF TOH, THEIR AFFILIATES OR ANY OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF WHETHER THE ALLEGED LIABILITY IS BASED ON NEGLIGENCE, TORT, CONTRACT, OR ANY OTHER THEORY OF LIABILITY, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. IF ANY PORTION OF THIS SECTION IS DEEMED UNENFORCEABLE, THEN THE TOH PARTIES’ LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW. NOTHING IN THESE TERMS EXCLUDES OR LIMITS EITHER PARTY’S LIABILITY FOR DAMAGES OR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. 

  1. Copyright & Content Takedown

If you believe in good faith that certain content appearing on our website or through our products and services infringes upon your copyright, other proprietary rights, or contains prohibited or illegal content, send us a takedown notice.  Please follow the procedures below to request a takedown of any infringing or prohibited content appearing on our website or through our products and services. Failure to provide the required information may make your claim ineffective and/or action may be delayed until your submission is complete.

All claims should be sent to our designated Copyright Agent at copyright@roku.com, or by registered mail to Roku, Inc., Attn: Copyright Agent, 1701 Junction Court, Suite #100, San Jose, CA 95112 USA.

For international legal process requirements, the acceptance of a claim by email or mail is merely for convenience and does not waive any rights or objections, such as lack of jurisdiction or proper service.

Upon receipt of a proper notice of a claim, we will either

  • Remove or disable access to the content that is alleged to be infringing or prohibited (if the content is under our control); or
  • Forward the claim to the content provider who is providing the allegedly infringing or prohibited content, along with your contact information, for their resolution; or
  • Notify the content provider that we will remove or disable access to the allegedly infringing or prohibited content, unless the channel and/or content provider promptly removes the content or responds with a counternotice.

Notice of Alleged Copyright Infringement

If you believe that your copyrighted work has been copied or appears in content provided through Services in a way that constitutes copyright infringement, please provide us with the following information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed;
  • A copy of the registration of your copyrighted work (and/or the date when the claimed copyrighted work was first published);
  • A description specifying the date and location (such as URL) of the material that you claim is infringing;
  • Your name, address, telephone number, and e-mail address;
  • A written statement from you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Notice of Alleged Infringement of Other Rights or Prohibited Content

If you believe in good faith that any content appearing on our website or through our products or services infringes other proprietary rights or contains prohibited or illegal content, please provide us with the following information:

  • A detailed description of the infringing or prohibited material or activity including why it is infringing or prohibited;
  • A detailed description specifying the date, time, and location (such as URL) of the material that you claim is infringing or prohibited (as applicable); and
  • Your name, address, telephone number and e-mail address.

Counternotices to Alleged Claims

If you believe that a claim has been improperly submitted against you, you may submit a counternotice, and provide us with the following information:

  • Your physical or electronic signature;
  • Identification of the content (that has or will be) removed or to which access has been (or will be) disabled;
  • A statement under penalty of perjury that you have a good faith belief that removal or disablement of the content was (or would be) a mistake or that the content was misidentified; and
  • Your name and telephone number, and (unless prohibited by applicable laws) a statement that you consent to the jurisdiction of the Federal District court (1) in the judicial district where your address is located, if the address is in the United States, or (2) in Santa Clara County, California, if your address is located outside the United States and that you will accept service of process from the complainant submitting the notice.

Upon receipt of a proper notice of a counternotice, we will provide the complainant with a copy of your counternotice and will remove the content or cease enabling access to it, unless, within 10 business days, the complainant provides notice to our copyright agent that the complainant has filed an action seeking a court order to restrain the channel and/or content provider from engaging in such infringing activity.

  1. Dispute Resolution

PLEASE READ THIS SECTION CAREFULLY. These terms affect your rights (including your dependents and anyone else in your household) and will impact how any disputes or claims you have against TOH are resolved. These arbitration procedures (described below) will be used to resolve any disputes or claims, regardless of the legal theory in which it is based, related in any way to your use of the Services, any advertising or promotions conducted by or for TOH, and/or the use of your information by or for TOH (collectively referred to in these terms as a “Claim”). These provisions do not apply to any claim to protect any intellectual property or other proprietary rights.

We (you and TOH) both agree that all Claims will be settled by binding and final arbitration (not in court), except (1) if you opt-out (as provided below), or (2) for a claim properly brought in small claims court (if your claim qualifies, the matter stays in small claims court, and is only on an individual (non-class, non-representative) basis). The arbitrator has the authority to decide all issues (including arbitrability). This arbitration provision is subject to the Federal Arbitration Act.

There is no judge (other than the arbitrator) or jury in arbitration, and review of the arbitrator’s decision by a court is limited. The arbitrator’s award will be binding on both of us, except (1) for any judicial review (if expressly permitted by law), or (2) if the arbitrator’s award includes an award of injunctive relief against a party (the enjoined party has the right to seek judicial review of the injunctive relief in a court of proper jurisdiction that will not be bound by the arbitrator’s application or conclusions of law). The arbitrator’s award may be enforced in any court of proper jurisdiction.

We each agree that any proceeding will be conducted only on an individual basis and not in a class, consolidated or representative action. The arbitrator may not consolidate or join more than one person’s Claim and may not preside over any consolidated, representative or class proceeding (unless we both agree). To the extent these restrictions on the arbitrator’s award are permitted by applicable law, the arbitrator may only award relief (including monetary, injunctive or declaratory relief) on an individual basis and may not award any form of consolidated, representative or class-wide relief. If this class-action waiver is deemed invalid or unenforceable, or if an arbitration can proceed on a class basis, then we agree that neither of us is required to arbitrate that Claim.

The arbitration will be administered by JAMS pursuant to its Arbitration Rules and Procedures (excluding any supplementary rules for class action arbitrations). These rules (including how arbitration can be initiated) are available at www.jamsadr.com or by calling 1-800-352-5267. We can choose to have the arbitration conducted by telephone, based on written submissions, or in person, at a mutually agreed location.

Payment of all filing, administration, and arbitrator fees will be governed by JAMS’ Arbitration Rules and Procedures. For Claims of $75,000 or less, you will be responsible for paying the initial arbitration filing fee (up to the amount that you would pay if you were to initiate a lawsuit against TOH based on that Claim in court). If the arbitrator finds the Claim to not be frivolous, then TOH will pay the difference in those filing fees, along with the arbitrator’s fees. For Claims over $75,000, if you can demonstrate that the costs of arbitration will be prohibitive (as compared to the costs of litigation), then TOH will pay (some or all of) the filing fees and the arbitrator’s fees for that arbitration, that the arbitrator deems necessary to keep the arbitration from being cost-prohibitive (as compared to the costs of litigation).  In addition, if the arbitrator issues you an award that is greater than the value of TOH’s last written settlement offer made before an arbitrator was selected (or TOH did not make a settlement offer before an arbitrator was selected), then TOH will pay you the amount of the award or $10,000, whichever is greater.

Claims will be governed by the laws of the State of Delaware (without regard to any conflict of laws principles that may provide the application of the law of another jurisdiction). If, for any reason, a Claim proceeds in court rather than in arbitration, we both agree that the proceeding must be brought in the federal court of the Northern District of California or a state court in Santa Clara County, California. We both agree to the exclusive jurisdiction and venue of these courts.

You have the right to opt-out of arbitration, if you send us notice of your election to opt-out of arbitration that is postmarked within 30 days from when you create your TOH account or your first use of the Services, whichever is later. You must send us written notice, stating your election to opt-out of arbitration, and include your full name, your current postal address, telephone number, and, if you have a TOH account, the email address (linked to your TOH account). Notices must be sent to: Legal Department, Roku, Inc., 1701 Junction Court, Suite #100, San Jose, CA 95112 USA.

Any material changes to these arbitration terms will not apply to any individual Claims pending (or that we have been properly notified of) before the change goes into effect.

  1. Electronic Notices

Your affirmative act of using, registering, or logging into the Services constitutes your acceptance of these Terms. We may provide notices to you electronically (1) via email if you have provided us with a valid email address or (2) by posting the notice on a website designated by us for this purpose. The delivery of any notice is effective when sent or posted by us, regardless of whether you read the notice or receive delivery.

  1. Governing Law and Jurisdiction

These terms are governed by the laws of the State of Delaware, without regard to any conflict of laws principles that may provide the application of the law of another jurisdiction. If, for any reason, a claim proceeds in court rather than in arbitration, we both agree that the exclusive jurisdiction and venue for any legal proceeding is either federal court of the Northern District of California or state court in Santa Clara County, California.

  1. Miscellaneous Terms

Entire Agreement

These Terms, together with any additional terms and conditions incorporated by reference or to which you agree when using specific parts of the Services, if any, constitute the sole and entire agreement between you and us with respect to the subject matter of these Terms and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Services and Sites.

Conflicts

In the event of any conflict between these Terms and terms of a specific site within the Services, these Terms shall govern.

Assignment

You may not assign or transfer your rights or obligations under these Terms to any person or entity without our prior written consent.

Waiver

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. No waiver shall be binding unless in writing and signed by the party waiving the breach.

Severability

If any term or provision of these Terms are determined to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect, without regard to the invalidity of such term or provision, and these Terms shall be construed as if such term or provision had never been included in these Terms.

Force Majeure

We will not be liable or responsible for any failure to perform, or any delay in the performance of, any of our obligations under these Terms that is caused by any event or circumstances beyond our reasonable control, including any natural disaster, war, or pandemic, failure or disruption of public or private telecommunications networks, delays or latency due to your physical location, or your wireless data service provider’s network.

Survival

Sections 2, 7-9, and Sections 14-23, as well as any limitations on liability explicitly set forth herein and other terms or conditions which by their nature are reasonably intended to survive termination of these Terms, shall survive any termination and remain in full force and effect notwithstanding any termination of these Terms or your use of the Services.

Headings

The section headings in these Terms are for convenience only and have no legal effect.

Relationship

Neither party shall be deemed an employee, agent, partner, joint venture or legal representative of the other for any purpose, and neither shall have any right, power or authority to create any obligation or responsibility on behalf of the other with respect to these Terms. In no event shall you be deemed one of our employees or entitled to any of our employee benefits. No third party shall have any rights to enforce any of the provisions contained in these Terms.

Contact Us

If you wish to contact us in writing, have questions or a complaint, or are required to give us notice in writing, please contact us at contact@thisoldhouse.com or by mail to This Old House Intermediate Holdings LLC, 1701 Junction Court, Suite #100, San Jose, CA 95112 USA. For other inquiries, you may also contact us as described here.